Accidents Involving Partial Fault: Understanding Your Rights and Options

When you're involved in a car accident, the first thought often revolves around compensation. But what if you're partially at fault? Can you still sue for damages? This article aims to provide clarity on this often-misunderstood aspect of personal injury claims.

Understanding Contributory Negligence

Contributory Negligence is a legal principle applied in certain states, such as North Carolina, where if you're found to be even partially at fault for an accident, you may not be able to recover any damages. This principle is a complete bar to recovery, meaning that if you share even a small degree of responsibility, you can't receive any compensation from the liable party.

Comparative Fault and State Laws

However, not all states follow the contributory negligence rule. In many places, including states like Ontario in Canada, there is a comparative fault system in place. Under this system, you can still recover damages, but the amount you receive may be reduced by the percentage of fault assigned to you. For example, if you're 40% at fault and the other driver is 60% at fault, you might only be able to recover 60% of the damages.

Your Options for Filing a Claim

Even if you're found to be partially responsible for an accident, you might still be eligible to file a claim. Here's what you need to know:

Reduce the Award Amount: In states with comparative fault laws, your compensation may be reduced by the percentage of fault assigned to you. However, this doesn't completely bar you from making a claim. Consult Legal Experts: It's crucial to consult with an attorney to determine the viability of your claim based on local laws and the specific details of your accident. I recommend consulting with professionals such as those at Benson and Bingham in Las Vegas, where I have extensive experience. Insurance Coverage: Your insurance company will typically cover the repair costs for both vehicles and may raise your rates or drop you as a policyholder. The other driver's insurance company will also cover their vehicle repairs. Detailed Circumstances: The outcome can vary significantly based on the details of the accident and the specific policies held by each driver.

Seeking Legal Advice

When it comes to seeking legal advice, it's important to go to a qualified professional rather than relying on information from social media or the internet. These platforms can be unreliable sources of legal advice. For free legal advice, you must consult with a lawyer who can provide you with informed and professional guidance.

Conclusion

While accidents involving partial fault can be challenging, you do have options. By understanding the legal principles at play and consulting with experienced professionals, you can navigate the complexities of these situations and potentially secure the compensation you deserve.